Applying Basic Antitrust Principles To SEPs

By Yee Wah Chin (September 25, 2017, 12:51 PM EDT) -- The United States antitrust approach to intellectual property has evolved over time. The IP laws and the antitrust laws are now commonly viewed as complementary. Both value innovation, competition and consumer welfare, while IP rights are considered to be a form of personal property rights[1] that confer only the right to exclude others from the areas covered by the IP.[2] The same antitrust analysis applies to conduct involving IP as to conduct involving other forms of property, taking into account the specific characteristics of the particular property right.

There is no presumption that IP creates market power. The Patent Act makes...

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